Allgemeine Geschäftsbedingungen

1. General

The KaraFun website, the address of which is http://www.karafun.com (hereinafter the "Website") is a publication created, developed and operated by KaraFun (hereinafter "RECISIO"), Recisio S.A.S. au capital de 12 000 € - R.C.S.: Lille 515 253 128 with a registered office located at 74 rue des Arts - 59000 Lille - France.

The KaraFun Website offers its visitors or members the discovery and temporary access to a database of musical arrangements and video incorporating song lyrics, as well as downloading of software.The KaraFun Website is an on-demand subscription service free from advertising.(hereinafter the ''Service Fee'').

These general conditions of use and sale are intended to define the contactual and commercial relationship between KaraFun on the one hand, and any subscriber to the Service Fee (hereinafter "Subscriber"), on the other.

The subscription and access to the Service Fee shall be strictly subject without limitation to prior qualification to these terms and conditions of use and sale.These general conditions shall be without prejudice to the legal provisions in this area including those contained in the Consumer Code.

2. Description of the Service Fee

The Service Fee is a service provided and operated by Recisio allowing a subscriber by subscribing to the present terms, from his personal computer and / or from his iPhone to listen to and view music as a Karaoke Video free from ads.

From the website, and once he has subscribed, the Subscriber has access to all features of the Service Fee.

Once the subscription expires or is terminated, unlimited access to the service is no longer allowed.

The music in the form of karaoke can be listened to and read throughout the duration of the subscription, but cannot be downloaded, transferred or copied on any medium whatsoever (excluding professional offers).

4. Terms of the Service Fee

Access to the Service Fee from a personal computer is possible via the Website only.

Use of the Service Fee requires a broadband connection to Internet. It is specified that these Connections are not supported by Recisio, it is therefore up to the Subscriber to priorly subscribe to a broadband Internet offer to use the service Fee. The catalog of sound recordings available within the Service Fee is dependent on existing contracts with copyright holders and is therefore likely to change.

In no case can Recisio guarantee the presence of any specific title or album in the catalog available from the Service Fee.

Likewise, Recisio cannot guarantee that any title or certain album in the catalog available of Service Fee will be indefinite.

Recisio will in no way be responsible for the removal or disabling of elements of the proposed contents of the catalog.

As a subscriber, you can activate the Service Fee on a personal computer (PC or Mac) registered from the Service.The service Fee is only accessible from a single connection at a time. It is specified that Recisio is implementing technical means to check for multiple simultaneous connections to a single account of the Service Fee and to detect attempts to multiple connections.

6. Right of Withdrawal

In accordance with the provisions of Article L.121-20-2 1 of the Consumer Code the Subscriber expressly acknowledges and agrees that (i) provision of the Service Fee starts at validation of his registration to the Service Fee or before the deadline of seven days defined under the Consumer Code and (ii) recognizes and accepts as a result of not receiving the right of withdrawal related to the online or remote sale of services.

Accordingly, no request withdrawal, cancellation or refund will be admissible to the subscribed period.

7. Duration

Recisio offers the choice to the Subscriber, of a subscription for a period of one month or for a period of 48 hours (Forty eight hours). It is also possible that trial offers or discovery of the Service Fee of varying duration are offered on the Website, temporarily or not. Unless otherwise notified, these trial offers or discovery will be subject to these terms of use and sale and will be limited to one entry (Same IP address (Internet Protocol) and / or even email address) regardless of the free trial or discovery.

8. Renewal

Unless terminated by the Subscriber under the terms of Article 5.4, the monthly Service Fee is automatically renewed for a period identical to that originally purchased..In case of automatic renewal, the rate then in effect for the subscription will be fully applicable to the Subscriber.

Unless otherwise indicated on the Site and unless terminated by the Subscriber under the terms of Article 5.4, any free trial or discovery of the Service Fee is transformed into a monthly subscription as stated in the specific offer or, alternatively, the tariff for monthly subscriptions of the Service Fee.

9. Termination

To unsubscribe, the Subscriber must request this from their account on the website by clicking on the "cancel my subscription" page. Termination will become effective at the end of the current subscription period provided that notification has been sent at least 48 (forty-eight) hours before its term and until the date and time as specified to the Subscriber, for a free trial or discovery unless specified otherwise on the website.

In case of non-compliance with the terms above, the subscription is completely renewed.

Termination does not allow a refund of the subscription to the Service Fee.

The aggregate amount paid for the subscription will remain vested in Recisio.

10. Conditions for access to the Service Fee

The Subscriber declares his or her ability to accept the terms of use and sale, that he or she are of legal age and not subject to a decision of legal protection of Majors (put under protection of the court, under tutorship or curatorship) or, if the Subscriber is minor, the holder of parental consent allowing he or she to subscribe.

The Subscriber declares to have a credit card issued by a bank.

11. Subscription to the Service Fee – Opening of account

To subscribe to the Service Fee, a person must:

Create an account on the website or, if the user is already registered, log in to the website.

Inform the different fields of the subscription form on the website.

Confirm acceptance of the terms of sale and use of Service Fee.

Adjust the price of his subscription using one of the means of payment offered.

Confirm registration by accepting subscription to the Service Fee.

Once registration is validated, Recisio provides the subscriber (at the address provided by the latter when registering on the site) with a confirmation email.

Subject to other provisions of these general conditions of sale and use of the Service Fee, the subscription to the Service Fee is effective only when Recisio sends and email confirmation referred to in above paragraph. Recisio recommends the Subscriber to to keep this email and / or print it.

The Subscriber can change the sent password, to his account on the website by clicking on the "Change my personal details." menu.

The Subscriber agrees to provide true and sincere information related to his identity.

The Subscriber undertakes to inform Recisio immediately of any change of information when subscribing to a subscription and particularly any change of mailing address or electronic means of payment. The Subscriber may change this information from his account on the Site by clicking on the "Change my personal details." menu.

The Subscriber shall immediately notify Recisio for any loss or unauthorized use of his account, his username and password.

Passwords and IDs are personal and the Subscriber agrees not to disclose them.

As such, the Subscriber is solely responsible for their use.

The Subscriber is solely responsible for the use of his account, until it is desactivated and consequently, the Subscriber relieves the Recisio and its partners, contractors or rights holders of any responsibility in this regard, unless the Subscriber can demonstrate that the use of its usernames and / or their account results from a fraud by a third party.

12. Price

The price of the subscription to the Service Fee is indicated on the website in Euro all taxes included.

Recisio reserves the right to change the price of each subscription packages.

Recisio will inform each subscriber via email to the address provided by the Subscriber upon registration to the Service Fee (or subsequently changed on his account) of any price increase at least 15 (fifteen) days before it takes effect. In such case, if the Subscriber does not accept this rate increase he may unsubscribe to the service from his account on the website as described in section 5 above, the termination taking effect on the next due date for the monthly subscription. In the absence of termination by the Subscriber, the new pricing will therefore be applicable from the next due subscription, following taking effect of the new pricing. Any increase in VAT (Value Added Tax) will automatically and immediately be reflected on the price of the Service Fee. The same will apply for any new tax that would be based on the price of the Service Fee and of which Recisio would become liable. The conditions of termination provided in case of change in the price of subscription packages mentioned above will apply under the same conditions if the price change results from an increase or creation of new taxes.

It is reminded that the cost of connection and communication (Internet) related to the use of the Service Fee is not supported by Recisio and remains payable by the Subscriber.

13. Payment of price

Different modes of payment for the subscription are offered on the website (for credit cards Visa or MasterCard issued by a bank).

It is specified that when the Subscriber notifies Recisio of his bank details, these are not retained by Recisio.

The subscription price is payable monthly regardless of the subscription period chosen by the Subscriber. Payment will be made, ultimately payable (Payment in advance),when the Subscriber creates an account and then each month by direct debit until termination of subscription, on subscriber's own initiative or that of Recisio. To maximize transaction security, Recisio chose payment systems from PayPal and Ogone companies. Guarantees issued by Recisio under Security transactions are identical to those obtained respectively by the publishers of the Recisio payment systems mentioned above.

In the absence of contrary evidence provided by the Subscriber, records stored in Recisio's computer systems and its partners in reasonable conditions of security will be considered as proof of communications, controls, validations and payments between the Subscriber and Recisio. This information will prevail between, except in written proof and otherwise by Subscriber. The filing of these elements is performed on a reliable and sustainable manner to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.

KaraFun Professional Multi-Rooms

In the case of a subscription covering several locations (karaoke bars for example), it is possible to subscribe to the Multi-Rooms option, proposing a total billing of the separate establishments on a single account with payment by bank transfer or direct debit.

The subscription takes effect as soon as your first payment is processed. You will be debited each month from the amount specified at the time of subscription, until your subscription is cancelled. Should you cancel your subscription, your payment will not be refunded and your subscription will run until its next monthly due date. Payments made in respect of our professional services are non-refundable.

The renewal fee is subject to change, but you will always be informed beforehand. You can unsubscribe at any time upon request and via your KaraFun contact.

Any delay in payment will result in late payment penalties of between 1% and the statutory maximum, which will apply monthly until payment is made in full (and with accrued interest). The reasonable amount of our collection costs, including legal fees, will be borne by you. Renewals can be subject to review.

14. Liability

The Subscriber declares to be informed of the constraints and limitations of Internet networks.

Consequently, Recisio will not be held responsible for failures in accessing the Service Fee, speeds of opening and consultation of service pages, speed of listening of sound recordings, temporary or permanent inaccessibility to the Service Fee, the fraudulent use by others of information available on the website.

Accordingly, it is the Subscriber's responsibility to protect their computer equipment or other especially against any form of intrusion and / or contamination by viruses, and Recisio will in no case be held responsible for such failure. Recisio can not be held responsible for any malfunction or damage to the equipment of the Subscriber. More generally, Recisio disclaims any liability if a breach of any obligation was actually a case of force majeure or fortuitous, including but not limited to, disasters, fires, strikes internal or external failures or breakdowns internal or external, and generally all irresistible and unpredictable event that does not allow fulfillment of controls.

In no case Recisio can be held liable in the event that the proposed service be incompatible with certain equipment and / or hardware features of the Subscriber.

Finally, the Subscriber is solely responsible for their use of the Service Fee and can not stand Recisio responsible for any claims and / or proceeding against them as such.The Subscriber undertakes to do their personal business of any complaint, claim or objection and more generally of any proceedings brought against Recisio from a third party which is linked to their use of the Service Fee.

15. Personal Data

Recisio undertakes to respect the legislation on the protection of privacy with regard to automatic processing of personal data.

Information and data regarding each Subscriber are subject to computer processing and are binding as necessary to manage their subscription. They may for this purpose be forwarded to the companies responsible for the management, execution and processing of payment transactions This information and data is also stored for security, to respect the legal and regulatory obligations to which Recisio is subject. This data is processed and stored at the host site identified in the legal notices contained on the Site under conditions designed to ensure their safety.

With the Subscriber's consent, collected data may also be used as part of our trade relations to compile statistics and also allow Recisio to improve and customize the services it offers and the information it receives.

According to the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 the Subscriber has a right to access and correct information. If he or she wishes to exercise this right and obtain information, then the Subscriber is invited to contact Recisio through the website by clicking on the "Contact Us") or write to Recisio.

If your consent has been given (e.g. in connection with the creation of your account during registration for the Service Fee), you will likely receive the Recisio newsletter (Newsletter) to your email address as recorded and, if necessary, modified by yourself. If you no longer wish to receive this newsletter, you may unsubscribe at any time by clicking the link at the bottom of each newsletter or by changing your data from your account on the website by clicking on the "Change my personal details (to access this section, click here).

If the Subscriber has consented (e.g. in connection with the creation of their account to register to the Service Fee), the Subscriber will likely receive offers from Recisio partners to their recorded email address or, where necessary, modified by he or she, and their details may be transferred to business partners.

The Subscriber is informed that data concerning he or she may be disclosed under any law, regulation or pursuant to a decision of a competent judicial or regulatory authority or, if necessary for Recisio in the context of judicial proceedings.

16. "Cookies"

Recisio wishes to place a cookie on your computer. A cookie does not allow us to identify you personally. However, it records information relating to the activity of your computer on the website (which pages you visited, the date and time of visits, etc.).that Recisio can read during your subsequent visits. This will allow for Recisio to ease your navigation on the site, and avoids you having to provide information during each new visit. It is specified that the shelf life of "cookies" placed by Recisio is less than 6 (six) months.

Recisio informs you that your browser can inform the presence of cookies and that you can oppose to the registration of cookies. This procedure is specified in the "Privacy" section on the website.

17. Intellectual Property

The general structure of the website, the Service Fee and all component elements (such as including logos, domain names, phonographic or videographic and related items including photographs, images, texts and, or any other person entitled to the sound recordings or videographic and the visual packaging of these records) are the exclusive property of Recisio and, or its licensors (including music producers, labels, collective management of copyright such as SACEM,etc..).

These elements are protected by laws and other intellectual property, including copyright. You can use these elements in the context of the use of the Service Fee, in accordance with these terms of use and sale. Any total or partial reproduction of the website, the Service Fee and, or elements (as described above) by any means whatsoever without the express permission of Recisio is therefore prohibited and constitutes an infringement punishable by articles L.335-2 of the Code of Intellectual Property.

Any hypertext link to the website and using the technique of "framing" (Technical programming with the ability to split a browser window into multiple autonomous frames

in order to display the content of external sites) or "in-line linking" process (to appear on a web page to extract just one element to another site, which saves storage space on the hard disk of the machine that hosts the site, which has the effect to conceal from an unsuspecting user's original environment to which this element belongs) is strictly prohibited.

Phonograph records of the Service Fee are protected digital files with national and international copyright and neighboring rights Copyright. For this reason and in accordance with the Code of Intellectual Property, only the usage implied by the subscription plan chosen by the Subscriber is allowed. Any use for any purpose other than private exposes the Subscriber to civil lawsuits and, or criminal prosecution. Any other use of these digital files is strictly prohibited and in particular any attempt to download or transfer or attempts to transfer permanently or temporarily on the hard disk of a computer or other device (including iPods and other portable digital audio players), engraving or attempting to burn on CD or other media is specifically prohibited (excluding professional plans). Any sale, exchange or lease of these digital files is also strictly prohibited.

The Subscriber acknowledges that the sound recordings made available for listening in the form of digital files in the Service Fee is protected by technological protection measures implemented by Recisio to prevent or limit within existing technical constraints in the material and technology available, uses of these recordings not covered by these Terms of Use and sale.

The Subscriber agrees not to use any technical measure which would allow circumvention of technological protection measures in order to proceed to the download of these files and enable digital preservation in the storage unit's receiving terminal whatever (PC, mobile phone, digital music and other digital audio players laptops, etc.).

The Subscriber represents that to knowingly bring harm to a technical measure of protection, under the provisions of Article L. 335-4-1 of the Code of Property Intellectual exposes he or she to pay a fine of 3,750 Euros and that the procuring or offering, knowingly hire, directly or indirectly, means designed or specially adapted to impair a technological measure of protection for its part is being punished of six months imprisonment and a 30,000 Euro fine.

18. Fraud

Any fraud or attempted fraud, demonstrated by commencement of execution, and committed in particular to use of the content offered here within, will be prosecuted under the provisions of Articles 313-1 and following the Penal Code.

Any infringement of the automated data processing system or of the KaraFun software will be prosecuted in accordance with Articles 323-1 to 323-7 of the Penal Code. Any forgery and use will be prosecuted under the provisions of Articles 441-1 to 441-12 of the Penal Code.

Any operation, whose purpose or effect is to infringe upon confidentiality of client data-exchanges and with privacy-related data of users will be prosecuted according to civil and criminal provisions.

In case of non-compliance or suspected non-compliance with the subscription terms of KaraFun or for any violations, attempted or suspected infringement from a user likely to pursue criminal proceedings, the company Recisio may temporarily or permanently suspend access to the user's account.

In the case of proven manipulation of the KaraFun software or other actions that may seriously undermine its operations, the company may, at its sole discretion and without notice, immediately disable the account of the person concerned. It is expressly stated that the application by the company of any of the measures mentioned above will not open right to any compensation that may arise for the benefit of the person concerned.

19. Suspension and / or early termination at the initiative of Recisio or the Subscriber

Without prejudice to any damages that Recisio may seek, Recisio reserves the right to suspend access by a subscriber to the Service Fee and / or termination, without notice or compensation, of the subscription to the Service Fee if failure by the Customer of these terms of use and sale, and including:

no respect for intellectual property rights of Recisio and / or its licensors,

Multiple simultaneous connections from a single account to the Service Fee or attempts to multiple simultaneous connections,

provision of false information when registering to the Service Fee;

non full or partial payment by the Customer of the price of its subscription to the ServiceFee;

any actions contrary to business interests of Recisio.

For his part, the Subscriber may terminate, without notice or compensation to the benefit of Recisio his subscription fee in case of breach of its main obligations by Recisio as defined in these terms and conditions or in case of legitimate reasons, such as in particular (such as theft of computer, technical incompatibility of the Service Fee with the Subscriber's equipment ).

20. Amendments to Terms of Use and Sale

Recisio reserves the right to modify at its own discretion the present Terms and Conditions of use and sale. Recisio shall inform each Subscriber by email at the address provided on his account of any changes to these terms and conditions use and sale at least 15 (fifteen) days before they take effect. In the event the Subscriber does not accept these amendments, he will be free to unsubscribe from his account to the webSite as described in section 5 above. Such termination shall takes effect the next due monthly subscription. In the absence of termination, the new Terms use and sale will therefore apply from the next subscription following the effective date of the new terms of use and sale.

21. Customer Service

For any information or questions about the Service Fee, please contact Recisio through the website by clicking on the "Contact Us" section or send us a letter to the following address:

74 rue des Arts - 59000 Lille - France

22. Nullity of a clause

In the event that any provision of the Terms of Use and Sale be declared invalid or unenforceable for any reason whatsoever, other provisions shall continue to apply.

23. Applicable law and dispute

The general conditions of use and sale are subject to French law. In case of dispute, the parties will seek an amicable solution before starting any legal action. If failure of these attempts, all challenges to the validity, interpretation and / or execution of general conditions of the present terms of use and sale will be made even in cases of multiple defendants or guarantee call, in front of the French courts of jurisdiction.